CONTRACTUAL PARTNERS,APPLICABLE LAW
The contractual partner are Carolina and Nika Neuhold (CNN OG), Sieveringerstrasse 150, 1190 Wien. Austrian law applies to the exclusion of the UN sales law.
CONCLUSION OF CONTRACT
Your order represents an offer to us to conclude a purchase contract. When you place an order with NicasConcept, we will send an email confirming that we have received your order (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. A sales contract is only concluded when we send the ordered product and confirm the shipment to you with a second email (shipping confirmation). No sales contract is concluded for products from the same order that are not listed in the shipping confirmation.
RETURN COST AGREEMENT & RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration.
CONSEQUENCES OF WITHDRAWAL
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. We can refuse the repayment until we have received the goods back in their original state. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
Orders are processed Monday through Friday, with the exception of federal holidays. Most orders ship within 2 or 3 business days of purchase. However, delivery times may vary due to the availability of goods. Orders are not delivered on weekends or federal holiday days. All orders include a tracking number, which will be sent after the order confirmation.
It should be noted that all information on the availability, shipping or delivery of a product are only approximate information and approximate guide values. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product. If NicasConcept finds out during the processing of your order that the products you have ordered are not available, you will be informed separately by email. If NicasConcept is not in a position to deliver the ordered goods through no fault of its own, because the NicasConcept supplier does not fulfill its contractual obligations, NicasConcept is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The legal rights of the customer remain unaffected. If delivery to the customer is not possible because the customer cannot be found at the delivery address specified by him, the customer shall bear the costs for the unsuccessful delivery.
DUE DATE & PAYMENT, DEFAULT
The customer can pay the purchase price with the available payment options. Payment must be made in the currency shown on the invoice.
All prices include the applicable VAT. Delivery costs are listed separately.
RESERVATION OF TITLE
The delivered goods remain the property of NicasConcept until they have been paid for in full.
LIABILITY FOR DEFECTS
If there is a defect in the purchased item, the statutory provisions apply. The assignment of a claim of the customer is excluded. If the supplementary performance has been carried out by means of a replacement delivery, the customer is obliged to return the goods initially delivered within 14 days.
The return of the defective goods must take place in accordance with the statutory provisions. NicasConcept reserves the right to claim compensation under the statutory conditions. The limitation period is two years from delivery.
Furthermore, NicasConcept is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which you regularly rely. In this case NicasConcept is only liable for the foreseeable, contract-typical damage.
NicasConcept is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability do not apply to injury to life, limb and health, to a defect after assuming a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as NicasConcept's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
In the event that force majeure or other circumstances beyond our control prevent us from fulfilling our obligations under a contract, we assume no liability. If there is a delay in cases of force majeure or other circumstances beyond our control, we will fulfill our obligations as soon as it is reasonably possible under these circumstances.
Business processing and delivery take place exclusively in accordance with the following general terms and conditions in the version applicable at the time of the order. General terms and conditions of the customer that contradict or deviate from the following provisions do not apply. The following terms and conditions also apply exclusively if we carry out the delivery and service without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.